Everything You Need To Know About Fatalities In Car Accidents and Its Legal Aspects

Every day we hear about road accidents and can understand how devastating these can be. To your surprise, road accidents are one of the major reasons around the world for human casualties. As per a research, around 1.35 million people die every year in road accidents.

Facts are shocking as it has been estimated that 93% of deaths in road accidents happen in underdeveloped and developing countries. These accidents hit the GDP of most of these countries by almost 3% and it is one of the major causes of death for children and adults aged 5-29 years.

How Fatal Car Accidents are?

Any type of vehicle can be involved in a road accident like truck, motorbikes, buses, cycles, however, the cars accidents are the major part of total road accidents worldwide. It is an alarming situation that casualties of pedestrians and cyclists have been increasing continuously due to car accidents.

The records are clearly showing how dangerous it has become to drive a car and most of us have to do it every day. The more time we spend on roads in our cars means we have more chances to become the victim of a car accident and most of the time it happens due to driver error.

Causes of Car Accidents

Car accidents occur due to human/driver error or due to other reasons that are considered unrelated to human error. It has been observed that 94% of road accidents are caused by human error.

Drunk Driving

Drunk drivers are responsible for a major part of deaths in car accidents. Strict controls on roads and efforts to raise the awareness on not to drive while drunk has significantly reduced the number of deaths due to drunk drivers.

Over Speeding

It is better to arrive late than arriving never. Over speeding means when someone doesn’t obey the speed limits on roads and is one of the major reasons for accidents. The reason can be anything, from getting late from office to just negligence.

Distracted Driving

You need to be focused on the road only if you are driving as the human brain cannot focus on multiple things at the same time. Texting during driving and talking over the phone are a few examples of distracted driving.

Negligence at Interchanges

40% of the accidents happen at interchanges at the main reason is running red lights and stop signs.

Reckless and Aggressive Driving

Aggressive driving is the combination of different traffic offences and example of reckless driving is changing the lanes too quickly and intentionally failing to follow the rules.

Causes Not Related To Human Error

Sometimes car accidents do not happen due to human error. The causes can be bad weather condition, poor road condition and defects in vehicles.

The Legal Aspects of Car Accidents

Death from a car accident has a complete law that covers how to examine the wrongful deaths in car accidents, what are the rights of deceased’s family and what are the damages (both monetary and non-monetary).

The victims can file a lawsuit to cover economic and non-economic damages. Now, the interesting part is that against whom the lawsuit will be filed. It depends on the cause of the accident and the knowledge of the deceased’s family about the other party.

Who Can Be Held Responsible?

If the accident was the result of a human error, the lawsuit will be filed against the other driver. The interesting thing is that if the driver was driving a car that belongs to someone else, the actual owner will also be among the guilty parties.

The local government will be held responsible if the accident caused by the poor condition of the road. If a manufacturing fault in the car caused that accident, the manufacturer will be held responsible.

Damages That Can Be Demanded

There are two types of damages that can be demanded.

  • The first type is monetary damages that include medical bills caused by a car accident, lost wages, if an opportunity to earn was lost and funeral cost.
  • The non-economic losses include pain and suffering experienced by the deceased person and loss of companionship. General damages can be accounted for these losses.

Who Can File a Lawsuit?

The immediate person who can file a lawsuit is the spouse of the deceased person or children above the age of 18. If the deceased person was not married or spouse and children have also been deceased, the parents can file a lawsuit.

If the deceased didn’t have spouse, children, parents, any other loved one or has children only but they are minor, the lawsuit can still be filed by a representative, appointed by the probate court.

However, the damages that will be received from the guilty party will be held by the estate unless a next of kin can be found.

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